Property
Prerana
(Querist) 13 October 2014
This query is : Resolved
I booked flat on 02.06.2014 by paying token amount of Rs 100000/- then herein after the builder asked me to pay further Rs 825000/- out of which rs 250000/- was paid in cash. for all payment he has issued receipts mentioning the amount paid through cheque and for cash of Rs 250000/- the authorized person wrote on the back of receipt that 250000 is paid cash.Now for registration part he told to do RTGS of Rs 232500 in the Lawyers tax pay A/c. due to some circumstances sanction of home loan took 2 months time.in the meanwhile ,the builder said dnt worry of rtgs done, just get home loan sanctioned. once home loan got sanctioned ,he said that it has been too long time now I have cancelled the flat.regarding refund part is concerned he will pay full amount. Now the situation is its been 20 days ,no refund is given ,his secretary keeps on saying once we get money from other customer they will roll the same to me.For RTGS done to that lawyer of rs 232500/-,that lawyer is again creating problem saying both parties need to meet him and give him in writing that flat is cancelled.
Please help and let me know what legal procedure I can undergo against builder and the lawyer. .
One more thing I noticed that the flat was already booked by some other party in some 2013.Even then the builder gave receipt for the same flat to me also. That flat is not yet registered.Its means builder has collected amount from both of us.is there any chance a law suit can be filed against him for doing fraud by selling already booked flat for purpose of saving interest by using my money .
ajay sethi
(Expert) 13 October 2014
1) issue legal notice to builder for deficicency in service .
2) move consumer forum against builder for refund of amount paid with interest and also for compensation
3) also file criminal complaint of cheating , criminal breach of trust against builder
Prerana
(Querist) 13 October 2014
Thanks sir for your advise.
What about that cash amount of Rs 250000, as proof for same is only handwritten acknowledgement on the back of receipt? Whether it will be lost?
What I can do for RTGS amount of Rs 232500 transferred to lawyer's Tax A/c? Since RTGS has gone through my Account and no registration is done so far, still that lawyer is not returning my money putting conditions for refund?
If I go for legal action, how much time it will take?
Can I lodge a police complaint against Builder?
ajay sethi
(Expert) 13 October 2014
have already advised you to lodge police complaint against builder . as far as cash payment is concerned have you shown the cash amount paid to builder in your income tax returns . ? you have stated that the builder has duly issued you receipt and acknowledged that payment has been duly received .
better consult a local lawyer . all payments should have been made to builder account . why do you have to transfer funds to lawyers account . had you consulted a local lawyer and paid few thousand rupees as legal fees you would not be in the mess you are in today . if you had written instructions from builder to transfer funds to his lawyer account you would be safe
Prerana
(Querist) 13 October 2014
I am salaried person so while filing return i do not have to give details of cash payment made to any party for dis allowance purpose.It is a kind of black amount which is the latest trend going on for saving tax on the part of builders.
For the purpose of registration the amount was transferred to Lawyers Tax pay A/c that is not a personal account,so i didn't have any doubt.
Prerana
(Querist) 13 October 2014
Sir, before investing in this property ,i have consulted a renowned lawyer asking the reputation of builders and whether documents relating to property are ok.He guided that the builder is genuine one .Co incidentally that lawyer is the same person in which i have transferred the amount .being such a renowned lawyer ,I trusted and the transferred amount
Prerana
(Querist) 13 October 2014
U cannot be biased on builder that give me everything officially that is not possible in practicality.
Anish Thakur 7018812737
(Expert) 13 October 2014
You can file complaint against the lawyer in state bar council concerned mentioning whole matter and cam also go for criminal proceedings against the lawyer and also can sue lawyer in consumer forum for deficiency in services.You can also lodge complaint agains the builder in police and also file complaint in the consumer forum as well you can file suit for compensation on account of damages nd harassment occurred to you.Feel free to contact on anish1948@gmail.com if you have left any query in mind .
Rajendra K Goyal
(Expert) 14 October 2014
The builder has issued you the receipt handwritten, it is proof of payment from you.
Consult local lawyer, send legal notice and later file consumer complaint.
Also lodge FIR and if police refuse to lodge FIR file direct complaint with the magistrate u/s 156(3) Cr PC.
